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HomeMy WebLinkAbout20142928.tiff Town of Berthoud of BE � 328 Massachusetts Ave. 3} 40-S�O P.O. Box 1229 O/ " C Berthoud, CO 80513-2229 'r O Ph. 970.532.2643 Fax 970.532.0640 $.st 188$ September 19, 2014 Weld County Commissioners RECEIVED PO Box 758 Greeley, CO. 80632 SEP 2 2 2014 RE: M & C Real Estate LLC, Annexation WELD COUNTY COMMISSIONERS To Whom It May Concern: The Town of Berthoud has received an annexation petition for the M & C Real Estate LLC, Annexation and a public hearing has been scheduled for October 14, 2014. Pursuant to CRS 31-12-108, please accept this notice. Enclosed are copies of the annexation petition, the Annexation Impact Report, copies of the published notice and a copy of Resolution 12-14. Sincerely, Sherry Albertson- ark, AICP Town Planner . ddt-t ►�L,-i w,GIS,SO,tM, maws Public;�ieu 2014-2928 Q-029 - 124 q/z2 PETITION FOR ANNEXATION M & C Real Estate, LLC avers that it is the sole record owner of that certain land, excluding public roads, public parking areas, and public easements, which is legally described on Exhibit A and affirms the following to be true and correct as of the date hereof M & C Real Estate, LLC hereby petitions for annexation to the Town of Berthoud of all of the land described on Exhibit A that is included in the Berthoud Growth Management Area. CONTIGUITY AND AREA: 1. The perimeter of the portion of the proposed annexation territory owned by petitioner (an area of approximately 130 acres, which is legally described on Exhibit B), has a distance of approximately 9,422.66 feet of which at least 4,963.40 feet are contiguous along the southern and western property lines with the existing town limits of Berthoud. In addition, petitioner avers that a significant portion of the public roads, public parking areas, and public easements in the proposed annexation territory are contiguous with the existing town limits of Berthoud. 2. This contiguity results in a minimum of at least 1/6 of the proposed annexed territory being contiguous to the Town of Berthoud. 3. The proposed annexation territory contains approximately 130 acres, exclusive of public roads,public parking areas, and public easements. 4. The requirements of C.R.S. Section 31-12-104 and Section 31-12-105 exist or have been met. GENERAL: 5. It is necessary and desirable that the territory be annexed to the Town of Berthoud. 6. A community of interest exists between the territory and the Town of Berthoud. 7. The territory is integrated or capable of being integrated with the Town of Berthoud. 8. The territory is urban or will be urbanized in the foreseeable future, in view of the development of the surrounding area and the comprehensive plan of the Town of Berthoud. 9. No land held in identical ownership is divided into separate parcels unless the owner of said tract has consented in writing or joins in this Petition. 1 10. The territory was annexed to the Town of Johnstown more than a decade ago. Since that time, no other parcel of land on the west side of Interstate 25 in the vicinity of the territory has annexed to the Town of Johnstown, and all of the area surrouMing the parcel described on Exhibit 13, including parcels at the northwest and northeast comas of the intersection of Interstate 25 and Highway 56,have become part of the Growth Management Area of the Town of Berthoud and have annexed to said town. The petitioner has requested to disconnect from the Town of Johnstown,and on September 15, 2014 the request will be granted and the territory de-annexed, such to be final upon publication on September 18, 2014. At the time of the consideration by the Berthoud Board of Trustees of this Petition,the territory will not be annexed to any other municipal corporation and will be part of unincorporated Weld County. This process is in compliance with, and in furtherance of, an intergovernmental agreement between the Towns of Berthoud and Johnstown concerning disconnection of the territory described on Exhibit A from Johnstown and annexation of the same by Berthoud 11. The petitioner understands that Berthoud is required by law to prepa.i.and file an annexation impact report. If requested by Berthoud, the petitioner will prepare a proposed annexation impact report and provide it to Berthoud for review and consideration prior to the annexation hearing. 12. The terms of this Petition are binding on the successors and assigns of the petitioner. The petitioner hereby requests that the Town of Berthoud approve the annexation of the territory described on Exhibit A and zone the parcels described on Exhibit A and Exhibit B, C-2 General Commercial. M&C Real ,LLC(Petitioner) By:Sam ' Inc Manager By: 2 Donald E. Waterlander Vice President,Project Development Date: 46fRIn 9'6r 3, Z°14 2 • EXHIBIT A A tract of land located in the west one-half of Section 14 and the east one-half of Section 15,in the NE Y° of Section 22 and the NW X of Section 23 all in T4N, R68W of the 6th P.M.,County of Weld,State of Colorado,described as follows: Commencing at the Northeast Corner of Said Section 15,then N89°22'39"E 225.00'to the east right-of- way of Interstate Highway 25,the True Point of Beginning. Thence along said right-of-way S00°01'35"E 28.00';thence 582°53'29"W 176.33';thence S00°01'35"W 2626.00';thence S00°08'06"E 2643.21';thence 500°12'07"W 1557.79';thence 500°12'07"E to a point on the south line of the NW one-quarter of Section 23. Thence 589°47'53"W along said south line 50.00';thence along the south line of the NE X of Section 22 2659.37'to the quarter corner of Section 22;thence NOO°17'25"W along the west line of the NE one- quarter of Section 22 a distance of 2645.28'to the North one-quarter corner of Section 22;thence NOO°01'02"W 31.90'to the north right-of-way line of State Highway 56;thence N88°14'27"E 241.25'; thence along said right-of-way N88°31'88"E 807.20';thence N89°16'48"E 400.00'to the Northwesterly Corner of Interstate Highway 25. Thence along said right-of-way N89°16'48"E 350.00'to the westerly right-of-way line of Interstate Highway 25;then N23°14'24"E 1244.75';thence northerly, 1,171.81'along the arc of a curve concave to the west,said arc having a radius of 5955.00'a central angle of 1,200'00" and being subtended by a chord that bears NOS°51'54"E 1169,67';thence NOO°08'06"W 271.50';thence N00°01'35"W 1985.88'; thence NOO°01'35"W 677.80'to the south line of Section 10;thence 589°16'57"E 250.00'to the Northeast Corner of Said Section 15,thence N89°22'39"E 225.00'to the east right-of-way of Interstate Highway 25,the True Point of Beginning. Containing approximately 215 acres. 4 EXHIBIT B T.WZAT, nBSrPtRTTng A tract of land located in the MN 1/4 of Section 22, T4N, R68W of the 6th P.M. , County of .Weld, State of Colorado, Described as Follows: cutammuma at the el corner of said Section 22, from which the N 1/4 corner of said Section 22 bears 889*16'48•(, 2663.27 Feet (basis of bearing) ; Thence 889*16'48"N. 1215.40 feet along the north line of the NN 1/4 of said section 22 to the westerly line of Interstate Highway No. 25, being the Northwest corner of that tract of land conveyed to the Department of Highsays, State of Colorado, by Louie Hart and Helen M. Hart as described is Special Warranty Deed netorded June 4, 1959, in Book, 1533 at Page 15.8 of the Records of Weld County, Colorado, Thence 800*43'12"N, 75.00 feet along the westerly line of Interstate Highway No. 25 as described in said book 1533 at Page 158 to the ;true Point of - fl4 Thence N89*16'48"s, 350.00 feet along the westerly line of Interstate Highway No. 25 as described in said book 1533 at Page 158; Thence 823*24'12"N, 1252.00 feet along the westerly line of Interstate Highway No. 25 as described in said book 1533 at Page 158; Thence Southerly, 1171.81 feet along the arc of a curve concave to the west and along the westerly line of Interstate Highway No. 25 as described in said book 1533 at Page 158, said arc having a radius of 5595.00 feet, a central angle of 12*00'00, and being subtended by a chord that bears 806*14.12"N, 1169.67 feet: Thence SOO*14'12"N, feet along the Westerly line of Interstate Highway No. 25 as described in said book 1533 at Page 158 to the south line of the NH 1/4 of said Section 22; Thence S88*56'44W, 2411.02 feet along the south line of NH 1/4 of said Section 22 to the C 1/4 corner thereof; Thence N0o*17'25"p, 2411.02 feet along the west line of the MN 1/4 of said Section 22 to south line of state Highway No. 56, being the . • •southwest corner of that tract of land conveyed to the Department of Highways, State of Colorado, by Louie Hart, A.K.A. Louis Hart, and Helen M. Hart as described in Special Warranty Deed recorded August 27, 1962, in Book 1623 at Page 499 of the Records of Weld County, Colorado; ywaT, DR$rRTPrT0N (CONTINUED) Thence N88*18'18"B, 1049.90 feet along the south line of State of Highway No. 56 as described in Said book 1623 at Page 499; Thence If891,2613148, 398.82 feet along the south line of State Highway No. 5.6 as described in said book 1623 at Page 499 to the True Point of Beginning: Area = 130 .857 acres, more or less. TOWN OF BERTHOUD COUNTIES OF LARIMER AND WELD, COLORADO ANNEXATION IMPACT REPORT CONCERNING THE M & C REAL ESTATE, LLC ANNEXATION September 19, 2014 In accordance with Section 31-12-108.5 of the Colorado Revised Statutes as amended. The Town of Berthoud is submitting the following annexation impact report to fulfill all such required action for the above named annexation. This impact report specifically analyzes the above annexation and identifies what impact it will have on the Town of Berthoud and the municipal services that will be provided. This impact report has been completed at least twenty- five days before the date of the Public Hearing established pursuant to Section 31-12-108 of the Colorado Revised Statutes. 1 • TABLE OF CONTENTS ANNEXATION AND THE TOWN OF BERTHOUD » »..»» .»....»_ ... »....»......».......»........».....».» 3 M&C REAL ESTATE,LLC ANNEXATION..».........» „»..».»».....»...._........»»» 3 TOWN BOUNDARIES§31-12-108.5 WO)..... .»....»....»»» »»»..»»»»»»..»..... 3 EXISTING&PROPOSED INFRASTRUCTURE§SECTION 31-12-108.5(A)(11).... »» „»»» 3 EXISTING AND PROPOSED LAND USES§31-1210&.5(A)(III.....».....»»»»»..»».....»»..».._» ».»»».....4 PREANNEXATION AGREEMENTS§31-12-108.5(B) »»». »„„„ ».„„»»» »»».».......»»» »....»....4 SITE DATA§31-12-108.5(C)....»_. » 4 EXISTING........... ».» »..»..»..».................»....... »».».»..................»».»».»«...»............»»....»__»..».»...4 PR0P0SED ».».....» »........»......»..»............... »»..»........».............»...»... .»»..».»».....»....»....»...........4 FINANCING OF MUNICIPAL SERVICE EXPANSION 131-12408.5 EXISTING DISTRICTS§31-12-108.5(E)....»... .. ..» » »»....„ »....»..........»»„....5 ANTICIPATED IMPACTS AND COSTS TO SCHOOLS§31-12-108.5(1) »..»....»......»»». 6 EXHIBITS EXHIBIT A:M&C REAL ESTATE LW,ANNEXATION MAP 7 EXHIBIT B:TOWN OF BERTHOUD ZONING MAP 8 EXHIBIT C:INFRASTRUCTURE MAP 10 EXHIBIT D:M&C REAL ESTATE,LW ANNEXATION ZONING MAP 12 2 Annexation and the Town of Berthoud State statutes require that any municipality annexing property must provide "urban level services" (i.e. water, wastewater, police, recreation, schools, and other services) to those areas they intend to annex. The Town of Berthoud recognizes this responsibility and can successfully provide these services to those areas under consideration by the Town for annexation. The Town of Berthoud has adopted a Comprehensive Plan and Development Code that describe and require future development within the Town to meet standards that will provide the same levels of service to new areas as it is currently providing within the existing Town. These documents, we believe, allow the Town to achieve controlled, orderly and efficient growth that any Front Range community could use as an example of smart growth. To accomplish orderly, controlled, quality growth in terms of annexation, Berthoud relies on the Town's Development Code, Comprehensive Plan, Future Land Use Map and other adopted plans and studies to provide the basic guidelines for construction and development of new areas around the Town. M & C Real Estate, LLC Annexation The property included in this annexation is to be known as the M & C Real Estate, LLC Annexation and is depicted in Exhibit A. The property in this annexation is contiguous to the Town of Berthoud and the total area of this annexation is 215.00 acres +/-. The property included in this annexation is currently being used as agricultural land and the public right-of-way of State Highway 56 and Interstate Highway 25, and will be brought into the Town under the zoning of C-2 General Commercial. Town Boundaries §31-12-108.5(a) (I) The Town's present and proposed boundaries are shown on the map entitled Town of Berthoud, Colorado Zoning Map attached as Exhibit B. Existing & Proposed Infrastructure 5 Section 31-12-108.5(a) (II) The existing streets within the Town of Berthoud are shown on the Zoning Map attached as Exhibit B. The majority of the Town's current utility infrastructure (i.e. water and sewer lines) is located within the existing Town limits except for portions of both the Town's water and sewer systems that are located within parts of unincorporated Weld County. The Town of Berthoud does not have wastewater service in the area yet, but has plans to provide service as needed for the development of this property and other properties in the area that are within Town limits. The Little Thompson Water District currently serves this area and as per the Intergovernmental Agreement between the District and the Town of Berthoud, the District will provide water service to the Town through a master meter for the Town to then serve this property. The Town has been in the process of designing additional infrastructure for this area and plans to provide wastewater service for the area (refer to the map entitled Berthoud Infrastructure Maps — Exhibit C) at the developer's expense and with the participation of other future developments in the area. Currently, this property is within the water service area boundary of the Little Thompson Water District. The Intergovernmental Agreement 3 between the Town and the Little Thompson Water District was approved in 2014 and provision of water to this property was included as part of those provisions. Water infrastructure bonding The Town of Berthoud is currently making payments on bonds from 2006 ($2.8 million), 2007 ($2 million) and then refinanced a portion of those existing bonds in 2012 for $1.2 million dollars to expand the Town's water plant and upgrade the existing facilities. The Town anticipates that the upgrade will be completed in 2014. Wastewater infrastructure bonding The Town of Berthoud is currently making payments on bonds from 2006 ($2 million), 2007 ($355,00) and also refinanced a portion of those existing bonds for $9.8 million dollars in 2012 to provide additional capacity at the Sludge Handling facility which will reduce the cost of handling sludge at the wastewater plant. Improvements at the sludge handling facility and waste water treatment plant are anticipated to be completed in 2014. When these items are combined with our other long range plans for a new wastewater treatment plant the Town will be able to provide services to these areas. Existing and Proposed Land Uses 531-12-108.5(a) (Ill) The existing land use on the property to be annexed in the M & C Real Estate, LLC Annexation is agriculture, along with the public right-of-way of State Highway 56 and Interstate Highway 25. The property was disconnected from the Town of Johnstown effective September 18, 2014. The owner of the property requesting annexation (M & C Real Estate, LLC) has also requested to be zoned into the C-2 General Commercial zoning district within the Town of Berthoud as shown in Exhibit D. Preannexation Agreements § 31-12-108.5 (b) There is no pre-annexation agreement for this property and none is contemplated. Site Data 5 31-12-108.5(c) The information listed below sets forth the plans of the municipality for the provision of municipal services to the area proposed to be annexed.. This information is a summary of the existing services being provided to the property within this annexation. This summary identifies those services as they exist today and how they will be provided to this area after the annexation. Included in this summary is a statement of how the Town of Berthoud will finance this expansion and what we will require of the property owner upon development of their property. M& C Real Estate. LLC Annexation Existing Proposed Zoning Weld County — as zoned prior to C-2 General Commercial annexation to Town of Johnstown Acreage 215.00 acres +/- 215.00 acres +/- Land Use Agricultural land, public right-of-way Future commercial, right-of-way 4 Services Berthoud Fire Protection District Same Provided Weld County Sheriff Town of Berthoud Police (Larimer County Sheriff) Xcel Energy Same Poudre Valley REA Same Weld County School District RE-5J Same Water(Little Thompson Water District) Town of Berthoud (as per IGA with LTWD) Wastewater (None) Town of Berthoud Weld County Library District Berthoud Public Library District Road maintenance (Weld County) Town of Berthoud Districts: Weld County School District RE-5J Same Berthoud Fire Protection District Same Little Thompson Water District Town of Berthoud (as per IGA with LTWD) No. Colo. Water Conserv. District Same Aims Junior College District Same Weld County Library District Berthoud Public Library District Thompson Rivers Parks & Recreation Town of Berthoud Parks & Rec. Summary: Upon annexation, the Town of Berthoud will provide the above services to this property. All of the services provided to this property are used by the citizens of Berthoud and would not change due to this annexation. The property owner will be required to install and pay for any service expansion for water or wastewater related to a change of use when the property develops and would construct and provide these services per the Town of Berthoud Development Code standards. Financing of Municipal service expansion §31-12-108.5(d) As stated above, the Town of Berthoud has bonded to expand services to the areas we intend to annex and serve. Expansions and renovations at the water plant and wastewater plant have been included in the series of bonds in 2006, 2007, and 2012. The bonds will be repaid through tap fees and is a way in which development will pay for its fair share of development-related costs. Existing Districts § 31-12-108.5 (e) Listed below are the existing districts servicing the property to be annexed: Weld County School District RE-5J Berthoud Fire Protection District Little Thompson Water District Northern Colorado Water Conservancy District Aims Junior College District 5 Weld County Library District Thompson Rivers Parks & Recreation Anticipated Impacts and Costs to Schools §31-12-108.5(0 The Town of Berthoud recognizes that there will be impacts on the Weld County School District RE-5J School District and the Town and District have an Intergovernmental Agreement to address issues related to growth. The developer and/or builder of any subdivision or development will pay the school district fee in effect at the time a building permit is issued for each dwelling unit. These fees will be used towards building school capacity, as needed. The Town and District also cooperate on the dedication of lands for future school sites. 6 EXHIBIT A ANNEXATION MAP 7 I... •.t._.._F ,. a t ,. i 2,-2 eat Y!${!^ li I aI I Q 1 • , i, . q 1 Lb"Q 5t ihir;' Y,,,:ooi. i 3ci9q=rag@ g e, ' 2 w_ W1 E.iE �� .9 ) 1 i kV '4 Al 1d ! % des i gadit /4:*,,, r f �� i ht � Fgi" G� 1 \• �y e � .i4 ,'Ild !! 7 ,. z V •!`f �F@[ UO`�:�! -'4�1 ¢ x69(.l 4 EN— op� gI : N-- Est• W `1 R �,�a'•ges z!. Q. r ? N d"tt5gd aa fX z 9 !t p R 2 Id sill rp§ v t 4 gi lid I ill 1 q ! ,� p > F P jsj : I PI il= in 5 6. Q - h i o-% A 0 R h p . ,II i Oil :I ` I .4-*,�a o li 4a �atl R�: III g3@ge@F R y �" rye i4 ° 4e Ali peY 'I'll! g pssi, q a 9 a g!t eF;b Eg.Fs X el l' a i1c li aqi °.2 } it •P! A ' !i i E , iii ggQ z o --- N y ` Z 4 g i911gw g pph6YQh QO ? 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RESOLUTION NO.12-14 A RESOLUTION FINDING PETITION FOR ANNEXATION SUBMITTED ON BEHALF OF M&C REAL ESTATE,LLC I TO BE IN SUBSTANTIAL COMPLIANCE WITH COLORADO • ,III REVISED STATUTES 31-12-104 AND 31-12-105 AND t SETTING A HEARING PURSUANT TO COLORADO REVISED : STATUTE 31-12-108 WHEREAS,the Town of Berthoud("Town")has received • f> a petition to.anpex certain property owned by M&C Real Estate,LLC.a Colorado limited liability company ("Petitioner"T;together with public roads and rights-of- f way;and WHEREAS,the property included within the petition is within 1 mile of Town limits;and -WHEREAS.Petitioner comprises over fifty-percent of landowners in the area to be annexed,excluding public streets and alleys;and WHEREAS,the petition for annexation contains a parcel of land along with public right-of-way to be an- nexed;and WHEREAS,the proposed annexation will meet the-one- j sixth contiguity requirement of said statute:and WHEREAS,there are no known exceptions or limita- ' tions that will be effective as of the date of the public hearing which would disallow Petitioner's proposed annexa€ion; • IT IS THEREFORE RESOLVED by the Board of Trustees of the Town of Berthoud,Colorado,this 9th day of Sep- tember,2014,as follows: • That petition for annexation submitted on behalf of M&C Real Estate,LLC is.substantially compliant with CR.S.31-12-104 and C.R.S.31-12-104,and that a hearing pursuant to C.RS..31-12-108 is hereby set for Tuesday,October 14,2014 at 6:30 PM,with publication to be made as required by state statute and Berthoud town ordinance. DULY PASSED by the Board of Trustees of the Town of Berthoud this 9th day of September,2014. David Gregg,Mayor TOWN OF BERTHOUD,COLORADO RESOLUTION NO. 12-14 A RESOLUTION FINDING PETITION FOR ANNEXATION SUBMITTED ON BEHALF OF M & C REAL ESTATE, LLC TO BE IN SUBSTANTIAL COMPLIANCE WITH COLORADO REVISED STATUTES 31-12-104 AND 31-12-105 AND SETTING A HEARING PURSUANT TO COLORADO REVISED STATUTE 31-12-108 WHEREAS, the Town of Berthoud ("Town") has received a petition to annex certain property owned by M& C Real Estate,LLC,a Colorado limited liability company("Petitioner"); together with public roads and rights-of-way;and WHEREAS, the property included within the petition is within 1 mile of Town limits; and WHEREAS, Petitioner comprises over fifty percent of landowners in the area to be annexed,excluding public streets and alleys;and WHEREAS, the petition for annexation contains a parcel of land along with public right- of-way to be annexed; and WHEREAS, the proposed annexation will meet the one-sixth contiguity requirement of said statute;and WHEREAS, there are no known exceptions or limitations that will be effective as of the date of the public hearing which would disallow Petitioner's proposed annexation; IT IS THEREFORE RESOLVED by the Board of Trustees of the Town of Berthoud, Colorado,this 9th day of September,2014,as follows: That petition for annexation submitted on behalf of M & C Real Estate, LLC is substantially compliant with C.R.S. 31-12-104 and C.R.S. 31-12- 104, and that a hearing pursuant to C.R.S. 31-12-108 is hereby set for Tuesday, October 14, 2014 at 6:30 P.M. with publication to be made as required by state statute and Berthoud town ordinance. DULY PASSED by the Board of Trustees of the Town of Berthoud this 9'"day of September,2014. David Gregg,Mayor Mary K. Cowdin, Town Clerk Hello